March 10, 2014 Town of Albion Regular Meeting

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1 Agenda: 1. Call Meeting to Order 2. Pledge of Allegiance 3. Exit Message March 10, 2014 Town of Albion Regular Meeting 4. FYI- Remind residents to sign attendance sheet 5. Roll Call 6. Public Comment 7. Motion to approve the agenda 8. Motion to approve minutes of the February 10, 2014 meeting. 9. Resolution approving the vouchers 10. Motion to approve payment prior to the abstract of the MVP and CSEA health care bills in the amount of $5, Rick Stacey RS Automation Proposal for the monitoring system on the water tank. 12. Motion to accept the review of the Town Clerk, Tax Collector and Court Clerk records for 2013 by the Bonadio Group. 13. Motion to appoint Kevin Sheehan to the Planning Board to fill remaining term of David Cristofaro which expires Resolution Opposing Expansion of Native American Casino Gaming in Western New York 15. Resolution supporting Rural Broadband Deployment 16. Resolution rejection of plan Resolution for an alternative property tax freeze 18. Discussion of the Canal Bridges 19. Executive Session

2 February 10, 2014 Town of Albion regular Town Board meeting held in the Town hall, 3665 Clarendon Rd. Meeting called to order at 7:00 pm. Pledge of Allegiance was said and the exit message was given. Present was Councilperson Daniel Poprawski, Councilperson Richard Remley, Supervisor Matthew Passarell, Councilperson Jake Olles and Councilperson Todd Sargent. Supervisor Matthew Passarell: I need a motion to approve the agenda. Motion was made by Councilperson Richard Remley and was seconded by Councilperson Daniel Poprawski approving the agenda as published and submitted. Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: I need a motion to approve the minutes. Motion was made by Councilperson Todd Sargent and was seconded by Councilperson Jake Olles approving the minutes of the January 6, 13 and 27 meetings as published and submitted. Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: I need a motion to approve the vouchers. Resolution #39 Payment of Claims Whereas, the following are against the Town: General A & B # s $ 36, Highway DA & DB # s $ 35, Water Districts # s 5 10 $ 52, Sewer District #1 # s 1 2 $ 4, For a grand total of $129, Motion was made by Councilperson Richard Remley and was seconded by Councilperson Todd Sargent to approve payment of the above listed claims. Resolution duly adopted by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: I need a motion to pay the health care bills. Motion was made by Councilperson Jake Olles and was seconded by Councilperson Daniel Poprawski to approve payment prior to abstract of the health care bills in the amount of $5, Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye 1

3 Supervisor Matthew Passarell: Next is the downtown grant. February 10, 2014 The Board thanked Katelin Olsen and the DANAC committee for all their hard work on the downtown grant. Supervisor Matthew Passarell: Next item for discussion is the Attorney for the Town. The Board discussed their options and expressed their opinions on who they thought would be the best fit for the Town as the Attorney. After the discussion the following action was taken: Resolution #40 Attorney for the Town Motion was made by Supervisor Matthew Passarell and was seconded by Councilperson Richard Remley authorizing the appointment of James Bell as the Attorney for the Town. Said contract shall become part of these minutes once it is received executed by all parties. Resolution duly adopted by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, abstain Councilperson Todd Sargent, aye Supervisor Matthew Passarell: Town of Murray pass through charge. The Board discussed this and the following action was taken: Motion was made by Councilperson Jake Olles and was seconded by Supervisor Matthew Passarell to waive the pass through charge of.13 above the Village of Albion per thousand gallon charge. Said contract will be amended to reflect this and the Town of Murrays rate will be $2.99 per thousand gallons. Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: I need a resolution for the contract with the County. Resolution #40 Town Animal Contract Motion was made by Councilperson Richard Remley and was seconded by Councilperson Daniel Poprawski to accept the contract with Orleans County for Animal Control services in the amount of $4, The contract in its entirety is hereby filed with and made a part of these minutes. Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: Everyone received the Time Warner Franchise Agreement. Any questions on this? Resolution #41 Time Warner Franchise Agreement The franchise agreement in its entirety is hereby filed with and made a part of these minutes. Motion was made by Councilperson Todd Sargent and was seconded by Councilperson Richard Remley authorizing the acceptance of this agreement. Resolution duly adopted by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: Water tank proposal. 2

4 February 10, 2014 The Board discussed the proposal and the reasons for the repair to the monitoring system on the water tank in the Town of Barre. After the discussion the following action was taken. The Board decided to table this until the March meeting and have Rick Stacey present to answer questions on this. Matt will speak to the Village of Albion about this. Supervisor Matthew Passarell: I need a motion authorizing me to sign the property declaration. Motion was made by Councilperson Richard Remley and was seconded by Councilperson Todd Sargent authorizing Supervisor Passarell s signature on the NYSMS grant property maintenance declaration for the streetscape items. Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Supervisor Matthew Passarell: Does anyone have anything for public comment? had. Those in attendance were given the opportunity to ask questions or voice any concerns that they may have Supervisor Matthew Passarell: I need a motion for executive session. Motion was made by Supervisor Matthew Passarell and was seconded by Councilperson Jake Olles to enter executive session at 7:35 pm for contract negotiations. Motion carried by the following vote: Councilperson Daniel Poprawski, aye Councilperson Richard Remley, aye Supervisor Matthew Passaell, aye Councilperson Jake Olles, aye Councilperson Todd Sargent, aye Matt P. called executive session to order at 7:36 pm. Present were Matt, Dan, Dick, Jake, Todd and Jim Bell, Town Attorney Matt asked for an update on union negotiations with the town highway department. Jake responded that no new meetings have been held because of the weather conditions requiring overtime. Jake has asked them to provide a few dates that can be mutually agreed upon for a meeting. Matt then informed the Board that the Town has established a relationship with Work Fit medical to do drug testing. This will make us compliant with State regulations. The Executive Session was concluded at 7:50pm The Board then went back into regular session at 7:51 pm. There was a discussion with Jim Bell and Mr. Bell agreed to provide the board with a retainer agreement. Jake made a motion to hire Jim Bell as Town attorney and that all special legal needs of the town be directed through Matt. Additionally, that the Attorney Agreement passed in January be amended to reflect Mr Bell as Town Attorney. Motion seconded by Dan. All voted Yea Jake made a motion to close the meeting at 8:01pm, seconded by Todd. All voted - Yea 3

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11 February 13, 2014 Bonadio & Co., LLP 171 Sully s Trail Pittsford, New York In connection with your engagement to apply agreed-upon procedures (see the attached Exhibit I) to the financial transactions of the Town of Albion, New York s (the Town s) Town Justice, Town Clerk, and Tax Collector (collectively, the Department s) for the period from January 1, 2013 to December 31, 2013, we confirm, to the best of our knowledge and belief, the following representations made to you during your engagement. 1) We are responsible for the presentation of the Department s transactions. 2) For the period from January 1, 2013 to December 31, 2013, the Department s transactions are reasonable. 3) We are responsible for selecting the criteria and for determining that such criteria are appropriate for our purposes. 4) We have disclosed to you all known matters contradicting the respective Departments transactions. 5) There have been no communications from regulatory agencies, internal auditors, and other independent practitioners or consultants relating to the respective Departments transactions, including communications received between December 31, 2013 and the date of this letter. 6) We have made available to you all information that we believe is relevant to the respective Departments transactions. 7) We have responded fully to all inquiries made to us by you during the engagement. 8) No events have occurred subsequent to December 31, 2013 that would require adjustment to or modification of the respective Departments transactions. 9) Your report is intended solely for the information and use of the Town and the respective Departments, and is not intended and should not be used by anyone other than those specified parties. Very truly yours, TOWN OF ALBION, NEW YORK Matthew Passarell, Town Supervisor Sarah M. Basinait Town Clerk, Town Tax Collector Justice Kevin J. Howard Justice Gary Moore

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13 Exhibit I Procedures Performed 1. Based on inquiry with the Departments, complete the annual checklists provided by the New York State Office of the State Comptroller for the Town Clerk, Tax Collector, and Town Justice for the year ended December 31, 2013.

14 TOWN OF ALBION, NEW YORK JUSTICE COURT, TOWN CLERK AND TAX COLLECTOR DEPARTMENTS Independent Accountant s Report On Applying Agreed-Upon Procedures For the Year Ended December 31, 2013 DRAFT

15 INDEPENDENT ACCOUNTANT S REPORT ON APPLYING AGREED-UPON PROCEDURES February XX, 2014 To the Town Board of the Town of Albion, New York: We have performed the procedures enumerated below, which were agreed to by the Town of Albion, New York (the Town) and the Town s Justice Court, Town Clerk, and Tax Collector Departments (collectively, the Departments) (the specified parties), solely to assist in evaluating the Town s and the Departments compliance with Appendices D, E, and F of the Local Government Management Guide, Fiscal Oversight Responsibilities of the Governing Board, issued by the New York State Office of the State Comptroller for the period from January 1, December 31, Management of the Town is responsible for the Town s and the Departments compliance with those requirements. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedure and finding is as follows: Town Clerk, Tax Collector, and Town Justice Procedure #1 Based on inquiry, complete the annual checklists provided by the New York State Office of the State Comptroller for the Town Clerk, Tax Collector, and Town Justice for the year ended December 31, Finding See Schedule A for documentation of Appendices D, E, and F. Procedure performed without exception. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on compliance with the above agreed upon procedures. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. DRAFT This report is intended solely for the information and use of the Town, the Town Board, New York State Office of the State Comptroller, and the Departments and is not intended to be and should not be used by anyone other than those specified parties.

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19 Appendix D Town Clerk Comments to checklist Cash Reconciliations The Town Clerk does not document the bank reconciliations performed on the computer; therefore the bank reconciliations were not available for review. Receivables Per the Town Clerk, the Town does not have any receivables. Therefore this section of the checklist is not applicable. DRAFT

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26 Appendix F Justice Court Comments to checklist Cash Reconciliations B&Co. notes that Justice Howard wrote the wrong date for his approval of the last reconciliation (he wrote 1/8/13 instead of 1/8/14). Additional Supporting Records The Court does not collect installment payments. Payees are allowed to pay an entire ticket/fine/etc., or they are not allowed to pay anything at all. If payees send in the wrong amount, the Court Clerk will return the money to them and request the exact amount owed. No exceptions. Dockets and Case Files Dockets are not maintained by classification of cases. Instead, the Court Clerk organizes them by month. Reporting to Department of Motor Vehicles TSLE&D Program The TSLE&D report used by the Court Clerk does not have the number of cases pending for more than 90 days reported as a separate item. The Court Clerk does receive a report documenting such information but it is only received once a year (in February). If cases are pending for an extended period of time, the Court will begin the process of applying the Scoff Law or issuing warrants. DRAFT

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29 RESOLUTION NO SUPPORTING NEW YORK STATE ASSEMBLY BILL A KNOWN AS THE RURAL BROADBAND DEPLOYMENT ACT WHICH PROMOTES RURAL BROADBAND DEPLOYMENT BY PROVIDING RESIDENTS AND SMALL BUSINESSES WITH TAX CREDITS FOR BROADBAND DEPLOYMENT WHEREAS, high-speed Internet service is essential for commercial economic growth, for our education systems, and the overall well-being of our citizens; and WHEREAS, the Internet Innovation Alliance has published the following statistics relative to broadband access and jobs: More than 62% of American workers, including our farmers, rely on the Internet to do their jobs Among U.S. workers, 14% telecommute or work from home at least one day a week Jobs that depend upon broadband availability are projected to increase 25% by % of employees say the ability to telecommute would cause them to choose one job over another Job seekers had a 27% increase in success by using social networks to generate referrals Nearly 75% of public libraries offer computer resources for job seekers Nearly 18% of new jobs in North Carolina were created as a direct result of broadband In Minnesota, 60% of unemployed adults, 30% of homemakers, and 17% of retirees say they would likely join the workforce if empowered by teleworking A $10 billion investment in broadband would produce nearly 500,000 new jobs Local economic growth and secondary investment enabled by broadband expansion is 10 times the initial investment; and WHEREAS, there are significant areas of the County without access to high speed broadband services because of geographic isolation, topographic conditions, and low population density; and WHEREAS, the County has made broadband deployment a priority as evidenced by their commitment to having a broadband study performed (under the umbrella of the Niagara-Orleans Regional Alliance (NORA)) which will identify broadband deficiencies and potential solutions to address the deficiency; and WHEREAS, broadband providers have not found it economically feasible to provide broadband services to many of the remote areas of the County; and WHEREAS, New York State Assembly bill A-07588, known as the Rural Broadband Deployment Act, would promote rural broadband deployment by providing residents, and small business with tax credits for broadband deployment; and WHEREAS, the bill would allow for residents, municipalities, and small business in unserved areas to come together, pool their economic power, and select a broadband provider to deploy services to their area; and

30 WHEREAS, any eligible out of pocket expenses the resident, municipalities, or small business incurs for the construction of the network, would be eligible for a 100% refundable tax credit over 5 years; and WHEREAS, the New York State Senate has passed companion bill S in support of the Rural Broadband Deployment Act; now, therefore be it RESOLVED, that the Orleans County Legislature supports New York State Assembly bill A-07588, known as the Rural Broadband Deployment Act; and be it FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor Andrew M. Cuomo, State Majority Leader Dean Skelos, State Senator George D. Maziarz, State Assembly Speaker Sheldon Silver, State Assemblyman Steve Hawley, State Assemblywomen Jane Corwin, NYSAC, Intercounty of WNY, Orleans County Towns and Villages, and all others deemed necessary and proper.

31 RESOLUTION NO REQUEST TO THE INTERNATIONAL JOINT COMMISSION TO REJECT THE PROPOSED PLAN 2014 IN ITS ENTIRETY WHEREAS, the International Joint Commission (IJC) has announced consideration of a new plan that will replace the current regulation plan (58DD) that controls water levels of Lake Ontario and the stated purpose of the new plan, known as PLAN 2014 is to reverse environmental damage caused by the current regulation plan (58D), particularly with regard to the restoration of 65,000 acres of shoreline meadow marsh; and WHEREAS, PLAN 2014 will increase the current range of water levels that private and public riparian property owners relied on for the last 50 years and according to a peer review conducted by the National Academy of Sciences, the potential environmental benefits of the PLAN 2014 are based upon speculative and unreliable research; and WHEREAS, projected lake levels under the proposed plan will result in increased duration and frequency of high and low water, significantly increasing the potential for damages to Lake Ontario riparians (estimated at over $2.2 million per year, which is likely an underestimate) and negatively impacting sport fishing and recreational boating economics across the entire region (estimated at over $94 million per year); and WHEREAS, PLAN 2014 greatly decreases protections that exist in the current plan, replacing them with a plan that results in the transfer of prosperity from Niagara County along with other Lake Ontario communities to Hydropower (NYPA and others) who will realize a benefit of approximately $5.3 million per year on average; and WHEREAS, Orleans County residents who own property or businesses along the Lake Ontario shore, including its bays, tributaries, and ponds have voiced their concern about a proposed change in the lake levels that would result in significant damage to their properties, and a corresponding decrease in revenues from recreational boaters and fishermen, both locallybased and those traveling internationally; and WHEREAS, Orleans County residents and elected officials are resolute in protecting the waters, streams, and harbors of Lake Ontario, the home for some of the best sport fishing, pleasure sailing and power-boating in the world; and WHEREAS, modifying the current range of operation by PLAN 2014 further hinders boating access and when combined with the protracted absence of federal funding for maintenance dredging of our federal shallow draft harbors, will cause significant and measurable negative financial impacts to the local and regional economy; now, therefore be it RESOLVED, the Orleans County Legislature does herewith respectfully request that the International Joint Commission reject in its entirety all current plans for the implementation of the PLAN 2014; and be it

32 FURTHER RESOLVED, that the IJC immediately enact a moratorium on the development of any future proposals to modify the range of water levels on Lake Ontario until the completion of a thorough, objective and all inclusive analysis of the potential economic damages on tourism, recreation, business and residences along the south shore of Lake Ontario (including properties located along harbors, rivers and streams) with a specific section dedicated to the thorough evaluation of damages in Orleans County where impacts have been identified as the most acute; and be it FURTHER RESOLVED, that as part of this study, the Orleans County Legislature further recommends the Commission also assess the amount of civil work and financial assistance required to mitigate the damage of any future plans, and identify funding sources available to offset said actions; and be it FURTHER RESOLVED, that this study must also evaluate the environmental impacts of repeated flooding of the built environment, to include the identification of the constituents of point and non-point source runoff and the impacts of sediment and nutrient loading on the quality of water in the impacted areas; and be it FURTHER RESOLVED, that certified copies of this resolution be forwarded to the International Joint Commission, Governor Andrew M. Cuomo, the New York Department of State, Joe Martens, Commissioner of the New York State Department of Environmental Conservation, the New York State Environmental Facilities Corporation, U.S. Senator Charles E. Schumer, U.S. Senator Kirsten E. Gillibrand, U.S. Congressman Chris Collins, Senate Environmental Conservation Committee, NY State Senator George Maziarz, NY Assemblyman Hawley, NY Assemblywoman Jane Corwin, NYSAC, InterCounty of WNY, Orleans County Towns of Kendall, Yates, and Carlton and all others deemed necessary and proper.

33 RESOLUTION NO RESOLUTION OFFERING AN ALTERNATIVE TO THE PROPERTY TAX FREEZE THAT WILL LEAD TO PERMANENT AND HISTORIC PROPERTY TAX REDUCTIONS BY ELIMINATING THE COST OF STATE MANDATED SPENDING IMPOSED ON COUNTY PROPERTY TAXPAYERS WHEREAS, the Governor and State Legislature have prioritized property tax relief as necessary to help improve New York s economic competitiveness especially in struggling upstate areas where the high property tax burden has contributed to a loss of economic opportunity, industrial and business decline, and flat or negative population growth over the last two decades; and WHEREAS, the Governor has proposed a two year property tax freeze in these same economically burdened areas, that includes a state financed rebate for any increase in property taxes in municipalities that stay within the state imposed property tax cap over the next two years, while also pursuing shared services or consolidation of functions with other local governments in the second year; and WHEREAS, the proposed property tax freeze would create a new layer of tax bureaucracy and procedures with unknown costs to the taxpayers, which have not been adequately analyzed, calculated, and publicly discussed; and WHEREAS, county government has been a strong proponent of increasing cooperation, sharing services and consolidating major governmental functions across multiple jurisdictions as highlighted in the 2013 Cornell University study, Shared Services in New York: A Reform That Works ; and WHEREAS, recent law changes enacted by the Governor and State Legislature to cap the growth in county Medicaid costs and the creation of another pension tier will help reduce pressure on future county property tax levy growth, especially in 2020 and beyond; and WHEREAS, county elected leaders strongly support meaningful state and county efforts to lower the property tax burden for homeowners and businesses across the state; and WHEREAS, the levying of county property taxes is directly linked to state mandated spending as county governments act as the state s administrative arm through the delivery and financing of state programs; and WHEREAS, county officials believe the best way to improve New York s economic climate and competitiveness is to reduce property taxes through fundamental reform of state mandates that directly impacts the causes of high property taxes and not simply the symptoms (not just slow the rate of growth); and WHEREAS, recognizing the need for property tax relief and consistent with the call for realignment of responsibilities between governments, aligning the cost of the state s human

34 services programs with the government obligated to provide them will result in a historic and sustainable reduction in county property taxes and a more appropriate and equitable distribution of the cost of the state s human services programs; and WHEREAS, the cost of paying for the state Medicaid program in a typical county (outside of New York City) equals about one half of the county property tax levy; and WHEREAS, the benefits, scope and ultimate cost of Medicaid has been set and controlled by the State for nearly 50 years, but not fully financed with state resources, therefore transferring a significant cost burden to local property tax payers that contributes greatly to the disparity between property taxes in New York State and those in other states; and WHEREAS, New York City tax payers also dedicate a large amount of locally raised non-property taxes to support the State Medicaid program; now therefore be it RESOLVED, that counties find no quantifiable evidence that the property tax freeze would result in significant property tax relief, while a phased state takeover of the costs of its own mandated human services, starting with Medicaid, would provide immediate, permanent and measurable property tax reduction; and be it FURTHER RESOLVED, the state should also provide fiscal relief to New York City for a portion of the local taxes they commit to state mandated programs; and be it FURTHER RESOLVED, that copies of this resolution be sent to the sixty-two counties of New York State encouraging member counties to enact similar resolutions; and be it FURTHER RESOLVED, the Clerk shall forward copies of this resolution to Governor Andrew M. Cuomo, Senator George Maziarz, Assemblyman Steve Hawley, Assemblywoman Jane Corwin, Orleans County Towns and Villages, and all others deemed necessary and proper. Moved, Johnson; second, unanimous second, Adopted. 6 ayes; 0 nays; 1 absent, Eick.